Motion served

Court asked to rule that
hospital caused Lisa's death

By David Baker
Posted February 13, 2008

A legal document asking a judge to rule that Samaritan Hospital was responsible for the injuries that led to Lisa's death was served on Monday.

The document, called a motion, cites a legal doctrine known as res ipsa loquitur, under which a defendant is presumed to be liable if the defendant had exclusive control of the circumstances in which the injury occurred, and that the injury would not have occurred in the absence of someone's negligence.

It is then up to the defendant to prove - not just state, but prove - that those conditions were not met, or that there is some other explanation for the harm.

The lawsuit, which started in 2005, names the hospital, a doctor, four nurses and an employment agency. The motion filed this week asks for $1.5 million in damages, as well as the costs of the
lawsuit.